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Recap 10/25/2005 (11/1/05) R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 25, 2005 Rescheduled to November 1,2005 (Due to Hurricane Wilma) 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 (Absent) Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 October 25, 2005 Rescheduled to: November 1, 2005 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 4/0 B. September 22, 2005 - BCC/Budget Hearings Approved as presented - 4/0 C. September 23,2005 - Value Adjustment Board Meeting Approved as presented - 4/0 D. September 27, 2005 - BCC/Regular Meeting Approved as presented - 4/0 E. October 3, 2005 - BCC/Pre-2006 Legislative Workshop Approved as presented - 4/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees Page 2 October 25, 2005 Rescheduled to: November 1,2005 1) Jorge Aguilera, Bureau of Emergency Services 2) Alice Toppe, Risk Management Presented B. 25 Year Attendees 1) Kyle Lukasz, Pelican Bay Services 2) Rhonda Tibbetts, Purchasing Presented C. 30 Year Attendees 1) Kathy Carpenter, Public Services Administration Presented 4. PROCLAMATIONS Withdrawn A. Proclamation designating October 28,2005, as The Day of the Red Walk. To be accepted by Craig Greusel, Project Director; Karey Stewart, Lely Elementary Principal; and Nina Ribinski, Administrator for Safe and Drug- free Schools. B. This item continued from the October 11.2005 BCC Meetinl!;. Proclamation designating October 25,2005, Mr. James Rozzi Day. To be accepted by James Rozzi. Adopted - 4/0 C. Proclamation designating November 2005 as Collier County Adoption Month. To be accepted by Terry Iamuri, President of Adoption Task Force of Southwest Florida, Inc.; Deborah Allen, Secretary of Adoption Task Force of Southwest Florida, Inc.; Jim Allen, Board Member of Adoption Task Force of Southwest Florida, Inc.; and Dustin Allen, son of Deborah and Jim Allen. Adopted - 4/0 Continued to November 15, 2005 BCC Meeting D. Proclamation designating October 25,2005, as Hurricane Katrina Relief Workers' Day. To be accepted by Nicole Basta, Karen Simander, Marie Laliberte, and Tonia Figueroa of the Collier County Health Department; Division Chief Dan Bowman, Captain Les Williams, Lieutenant Eva Weeks, Page 3 October 25, 2005 Rescheduled to: November 1, 2005 Lieutenant Heather Spieth, Lieutenant Eric Havens of Emergency Medical Services; Chris Byrne and Jonathan Aponte of the City of Marco Island Fire Department; Erick Baltodano and Marc SanAngelo of the City of Naples Fire Department; Al Sanchez and David Levitt of Domestic Animal Services; and Jim Durrwachter, Josh O'Connor, Marc Rogers, Frank Connor, Jamie Farmer, Fed Privett, and Marty White of the Florida Panther National Wildlife Refuge. Withdrawn E. Proclamation designating October 26, 2005, as Dogs Night Out Day. To be accepted by Margo Castorena, Director of Domestic Animal Services; and Deb Newman, Executive Director of the Fifth Avenue South Association. Withdrawn F. Proclamation supporting citizens' ballot initiative to amend the Constitution of Florida by adding a new section to Article 1. To be accepted by Jerry Rutherford, Chairman, Christian Coalition of Collier County. 5. PRESENTATIONS A. Recommendation to recognize Frank Inzano, Engineering Inspector, Public Utilities Division, as Employee of the Month for October 2005. Presented B. Hurricane Recovery Briefing (Dan Summers and Jim DeLony) Presented 6. PUBLIC PETITIONS Continued to November 15, 2005 BCC Meeting A. Public Petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates. Continued to November 15,2005 BCC Meeting B. Public Petition request by Thomas Selck to discuss Building Permit No. 2005080737,3560 21st Avenue SW. Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. Page 4 October 25, 2005 Rescheduled to: November 1, 2005 7. BOARD OF ZONING APPEALS Continued to November 15, 2005 BCC Meeting A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2005-AR-7586 Southern Centers in Naples, LC, in regards to Office Depot, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P .A. and Richard Y ovanovich of Goodlette, Coleman and Johnson, P.A., requesting a conditional use to allow an office supply store in excess of 5,000 square feet within the C-3 zoning district (with an ST overlay) pursuant to the previous LDC Section 2.2.14.3.11. The subject property, consisting of 4.02 acres, is located on the northeast comer of Collier Boulevard and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East. Continued to November 15,2005 BCC Meeting B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2003-AR-3573. Independent Haitian Church of God, represented by Kelly Smith of Davidson Engineering, Inc., requesting a Conditional Use in the RMF-6 zoning district as provided for within Table 2 of Section 2.04.03 per Land Development Code (LDC) for expansion of a church. The 2.03 acre property to be considered for the conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50, Range 25, Collier County Florida. Continued to November 15,2005 BCC Meeting C. This item was continued from the Julv 26. 2005 and October 11.2005 BCC meetin2s and is further bein2 reauested to be continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-6384 Golden Gate Congregation of Jehovahs Witnesses, represented by Mike Landy, of Landy Engineering, Inc. requesting a Conditional Use in the Estates zoning district for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code. The proposed Conditional Use will replace the existing CU-96-12 (E) Ordinance Number 97-440. The new church building is proposed to be 4,400 square feet. The property consisting of 5.15 acres, is located at 3480 Golden Gate Boulevard S. W., Tract 81, Golden Gate Estates Unit No.4, in Section 11, Township 49 South, Range 26 East, Naples, Florida. Page 5 October 25, 2005 Rescheduled to: November 1, 2005 8. ADVERTISED PUBLIC HEARINGS Continued to November 15,2005 BCC Meeting A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7469, Sonoma Oaks MPUD: Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere ofRW A, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development IIMPUD" zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard (CR 951), approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East Collier County, Florida. Continued to November 15, 2005 BCC Meeting B. This item was continued from the October 11. 2005 BCC meetin2. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7832 Hammock Woods LLC, represented by David Underhill, P .E., of Banks Engineering, Inc., is requesting a 2-year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest comer of Rattlesnake-Hammock Road and Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. Continued to November 15,2005 BCC Meeting C. This item was continued from the October 11. 2005 BCC Meetin2. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDZ-A-2004-AR-6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section Page 6 October 25, 2005 Rescheduled to: November 1, 2005 --.----.' 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the SWFL Expressway Authority. Resolution 2005-379 Appointing William L. Barton - Adopted 4/0 B. Confirmation of appointments to the Collier County Citizens Corps. Resolution 2005-380 Reappointing: Gerald Sugarman, Reg Buxton and Walter R Jaskiewicz New Appointment: Nancy L Reed, Floyd R. Chapin, Russell D. Rainey and Douglas E. Porter - Adopted 4/0 C. Request for a reconsideration of purchasing School Board property that was approved for purchase by the Board of County Commissioners at the September 27, 2005 BCC Meeting. (Commissioner Halas request) Motion of Reconsideration - Approved - 3/1 (Commissioner Halas Opposed) - Item to be brought back November 29th- 10. COUNTY MANAGER'S REPORT A. Request the Board approve, and authorize its Chairman to sign, an Interlocal Agreement with the City of Naples with respect to the County's Goodlette- Frank Road Project. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 B. This item to be heard at 1:00 p.m.. and after Item 12B. Recommendation that the Board approve the plans, specifications, and cost estimates concerning the proposed project to restore the lake between 1 07th Avenue North and 108th Avenue North, together with the tentative assessment roll and methods of assessment; provide advance funding for the project; and provide for payment of the special assessment. (Norman Feder, Administrator, Transportation Services) Approved w/stipulations - 4/0 C. Recommendation to approve selection of Consultech, a Qualified Firm, and award a Contract under ITN 05-3583 CEI Services for Collier County Road Page 7 October 25, 2005 Rescheduled to: November 1,2005 Projects,1I for Project No. 69101 Immokalee Road from 1-75 to CR-951 Collier Boulevard in the amount of$I,541,279. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 D. Recommendation to approve Collier County's 2006 State Legislative Priorities and direct the County Manager to provide them to the county's state lobbyist. Accept all priorities plus recommendations (FEMA, housing issues, etc) from Jim Mudd, on the list except "The Local autonomy to impose discretionary sales tax referendum" Approved - 4/0; Motion to remove "Sales Tax Referendum" from priority list - Approved - 4/0; Motion to oppose any attempt by the legislator to change impact fee collection in Collier County - Approved 4/0; Motion to accept SouthWest Florida Water Consortium - Approved 4/0 E. Recommendation to approve and transmit a Water Reservation Policy Statement on behalf of Collier County to the Florida Association of Counties as requested. Send to F AC with removal of language "natural resources and" of the Policy Statement and also send to FAC Roy Anderson's statement for the reasoning as to the removal of language - Approved 4/0 F. Recommendation to approve selection of AB&B, a Qualified Firm and award a Contract under RFP 05-3835 Consulting and Design Services" for new alignment and capacity improvements to Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road, County Project No. 60091 in the amount of$1,160,034. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 G. Recommendation to approve award of bid 05-3894 in the Amount of $3,171,636 to Douglas N. Higgins, Inc., for the construction of the Potable Water Main and Landscaping Improvements along US 41 Project 71059. (Jim DeLony, Administrator, Public Utilities) Award Bid and Resubmit for Re-bidding for Landscape sleeving - Approved 4/0 Page 8 October 25, 2005 Rescheduled to: November 1,2005 H. Added I. Added J. Added K. Added Approve an Addendum to the County Manager's Employment Agreement. Extended Employment Agreement for four years to 9/30/2010 for James V. Mudd's. $25,000.00 to serve a public purpose, recognizing those people who assisted during Hurricane Wilma - Approved 4/0 Recommendation to adopt a resolution approving the Hurricane Wilma Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Wilma (Staffs request) Resolution 2005-381 Adopted 4/0 Resolution in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager to suspend the enforcement of subsections 2.01.00.2, 2.03.07.J.3.A, 3.02.09.E, AND 4.02.22.C.l of the Collier County Land Development Code (Ordinance Number 04-41, as amended) relating to the prohibition of the parking of travel/recreational vehicles in the driveways of single family residences due to the extensive damage caused by Hurricane Wilma. (Staffs request) Resolution-2005-382 Adopted 4/0 Resolution declaring a public interest and necessity in removing debris caused by Hurricane Wilma on or adjacent to public and private roads throughout the County and authorizing such removal of debris by Collier County as part of its emergency management efforts in accordance with Chapter 252.38 (3)(a)(5), Fla. Stat., Collier County Ordinance Nos. 84-37, 2001-45 and 2002-50 (codified in Sections 38.56 through 38-70 in the Collier County Code of Laws and Ordinances) and in accordance with Proclamation/Resolution No. 2005-367 declaring and extending a State of Emergency for all territory within the legal boundaries of Collier County, as a result of extensive damage caused by Hurricane Wilma. (Staffs request) Ratifying Resolution 2005-368 that was signed by the chairman on October 28 for debris removal - Approved - 4/0 Page 9 October 25, 2005 Rescheduled to: November 1,2005 Added M. Added N. L. Resolution in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager to expand the number of hours that construction activities may occur under Section 54-92 (e )(2), Maximum Permissible Sound Levels of Construction Sounds, Chapter 54, Code of Laws and Ordinances of Collier County, Florida by partially suspending enforcement of Section 54-92 (e )(2) and allowing construction activities to occur from 6:30 a.m. to 9:00 p.m. Monday through Saturday and 9:00 a.m. to 9:00 p.m. Sunday, with the exception of Thanksgiving Day, through December 23,2005. (Staffs request) Resolution 2005-383 - Adopted - 4/0 Report to the Board of all emergency purchase orders issued under Section XX of the County's Purchasing Policy in preparation for and in response to Hurricane Wilma. (Staffs request) Approved - 4/0 Emergency amendments in support of Hurricane Wilma relief and recovery operations: Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Staffs request) Resolution 2005-384 - Adopted 4/0; Resolution 2005-385 - Temporary Banners for business signs until fixed and not to exceed the 6 months time frame - Adopted 4/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Floyd Chapin of Sapphire Lakes on debris removal. (Spoke at the end of the meeting) 12. COUNTY ATTORNEY'S REPORT A. This item is a time certain item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners, pursuant to Section 286.011(8), Fla. Stat., meet in executive (closed attorney-client) session at 12:00 noon on Tuesday, October 25, 2005, to discuss settlement negotiations and/or strategy related to litigation expenditures in the case of Page 10 October 25, 2005 Rescheduled to: November 1, 2005 Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Chief Assistant County Attorney Michael W. Pettit; Paul Ullom, Esq.; County Manager James V. Mudd. Closed Session B. This item is a time certain item to be heard at 1 :00 p.m. in Open Session. Recommendation that the Board of County Commissioners (l) give direction to outside counsel, Paul Ullom, Esq., of the law firm Carlton Fields, and the Office of the County Attorney regarding settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida, and (2) recommendation that the Board of County Commissioners also give direction concerning settlement or other action in related disputes including without limitation to related disputes with the engineering firm of Metcalf & Eddy. Attorney to accept the settlement offer - Approved 4/0 Board gave direction to the County Attorney's Office to continue negotiation to proceed to resolve the case and if negotiations cannot be made to file legal suit - Approved 4/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd- Turnback dollars from the Constitutional Officers B. Jim Mudd - Caribbean Zoo property he is recommending to purchase parcel 3 for access to Gordon River; Pursue short term borrowing for $7 million - Consensus C. Fiala - Thanked Commissioners Halas and Coletta for going to Tallahassee on Oct 31 2005. D. Halas - Essential personal for emergency work during Hurricane Wilma Page 11 October 25, 2005 Rescheduled to: November 1, 2005 ~--"'-~"~ E. David Weigel - Heidi Ashton with the County Attorneys office, delivered a son, this past weekend. Our thoughts and prayers are with them. ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 5/0 ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Venezia Grande Estates. The roadway and drainage improvements will be privately maintained. Resolution 2005-369 - w/release of maintenance security 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Park Phase Four. The roadway and drainage improvements will be privately main tained. Resolution 2005-370 - w/release of maintenance security 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Gardens. The roadway and drainage improvements will be privately maintained. Resolution 2005-371 - w/release of maintenance security 4) Recommendation to grant final approval of the roadway (Public) and drainage improvements for the final plat of Sabal Bay Commercial Plat, Phase Two (Thomasson Drive) Resolution 2005-372 - w/release of maintenance security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Park Phase Page 12 October 25, 2005 Rescheduled to: November 1, 2005 ->"..,_..,."'_._"--".~ Three-C. The roadway and drainage improvements will be privately maintained. Resolution 2005-373 - w/release of maintenance security 6) Recommendation to approve for recording the final plat of Cottesmore, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit One. The roadway and drainage improvements will be privately maintained. Resolution 2005-374 - w/release of maintenance security 8) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Two. The roadway and drainage improvements will be privately maintained. Resolution 2005-375 - w/release of maintenance security 9) Recommendation to approve an Agreement for Sale and Purchase with Roseanna T. Lockwood, as Trustee of the Lockwood Family Revocable Trust dated November 6, 1991 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $46,000. As Detailed in the Executive Summary 10) Recommendation to approve an application for reimbursement of a portion of impact fees in the sum of$70,017.43, due to the over- collection of impact fees, based on an incorrect land use classification. 11) Recommendation to approve final acceptance of water utility facilities for Crystal Lake Terraces, Phase Three. W /release of Utilities Performance Security 12) Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit One. Page 13 October 25, 2005 Rescheduled to: November 1,2005 ~~'--'~"'~'--'----'''-'''''''''-'-~. -,.. W /reduction of Utilities Performance Security 13) Recommendation to approve final acceptance of water and sewer utility facilities for Venezia Grand Estates. W /reduction of Utilities Performance Security 14) Recommendation to approve final acceptance of water and sewer utility facilities for Sabal Bay Commercial, Phase 2. W /reduction of Utilities Performance Security 15) Recommendation to approve final acceptance of sewer utility facilities for Kensington Park, Phase Four. W /reduction of Utilities Performance Security 16) Recommendation to approve final acceptance of sewer utility facilities for Kensington Park, Phase 3-C. W /reduction of Utilities Performance Security 17) Recommendation to ratify the County Manager's approval of an Access Request and Release form allowing Florida Natural Areas Inventory staff to access Conservation Collier lands for the purpose of conducting an exotic plant survey, to authorize the Chairman to sign the attached Access Request and Release form and to authorize the County Manager or his designee to sign Access Request and Release forms in the future. For development of a statewide exotic plant database 18) Recommendation to approve for recording the final plat of Artesia Naples, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 19) CARNY-2005-AR-8445, Reverend Joseph Spinelli, O.S.A., St Elizabeth Seton Catholic Church, requesting a permi t to conduct the annual St. Elizabeth Seton Festival on November 9, 10, 11, 12 and 13, 2005, located at 2760 52nd Terrace SW in Golden Gate City. Carnival Permit 2005-06 w/waiving license and surety bond 20) Recommendation to approve final acceptance of sewer utility facilities for Kensington Gardens. Page 14 October 25, 2005 Rescheduled to: November 1, 2005 W/reduction of Utilities Performance Security Withdrawn 21) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in the Code of Laws Section 2-11, for the purpose ofre-labeling the Building Valuation Data Table. 22) Recommendation to approve four State Housing Initiative Partnership (SHIP) Budget Amendments, recognizing additional program revenue, carry-forward and closing out grant year 2003 and grant year 2004 in the Affordable Housing Trust Fund (191). B. TRANSPORTATION SERVICES I) Recommend Board's approval of Adopt-A-Road Agreements (4) for the following: Lori Young, Florida Home Realty-Airport Road 1, Lori Young, Florida Home Realty-Airport Road 2, Lori Young, Florida Home Realty-Radio Road and ASAP Accounting Service of Ana Patino, Inc. No cost associated with Agreements for signs already exist 2) Recommendation to approve the purchase of three (3) Tractor Mowers from Creel Tractor Company in the amount of $1 06,370.16 in accordance with State bid contract #765-900-452. To maintain areas within the right-of-ways of Collier County 3) Recommendation to approve the purchase of one (l) Articulated Motor Grader from the Nortrax Equipment Company in the amount of $142,159.17 in accordance with the Florida Sheriffs Association & Florida Association of Counties Contract #05-13-0822. To maintain areas within the right-of-ways of Collier County 4) Recommendation to approve the purchase of one (1) Bulldozer from the Nortrax Equipment Company in the amount of$143,867.01 in accordance with the Florida Sheriffs Association & Florida Association of Counties Contract #05-13-0822. To maintain canal banks and County right-of-ways Page 15 October 25, 2005 Rescheduled to: November 1, 2005 5) Recommendation to approve a Resolution superseding and replacing Resolution Number 2003-134, in order to expand and redefine a "No Parking Zone" on Griffis Highway, commonly known as Capri Boulevard, at a cost of $800. Resolution 2005-376 6) Recommendation to approve Change Order No.2 to Professional Services Agreement No. 03-3509 in the amount of$310,540 for additional engineering services with American Consulting Engineers of Florida, LLC for design additions and modifications to the Goodlette-Frank Road expansion project from Golden Gate Parkway to Pompei Lane, Project No. 60005. To design a relocation of City of Naples reuse main that was in conflict with the roadway drainage system 7) Recommendation to approve the purchase of four (4) Crew Cab Flat Bed Dump Trucks in accordance with Collier County bid #04-3591 from Wallace International Trucks in the amount of$256,880.96. To enhance the daily repair and maintenance on County roadways and right-of-ways within the Road Maintenance Dept. 8) Recommendation to authorize staff to enter into a Work Order in the amount of$176,548 with Johnson Engineering, Inc. for the design, permitting, and construction engineering and inspection services of the Florida Power & Light (FP&L) Greenway from Rattlesnake Hammock Road to Radio Road, Project #69081. As Detailed in the Executive Summary 9) Recommendation to approve the purchase of two (2) 20-CY Diesel Powered Dump Trucks in accordance with Collier County bid #05- 3731 from Wallace International Trucks in the amount of $193,280.24. To enhance the daily repair and maintenance on County roadways and right-of-ways within the Road Maintenance Dept. C. PUBLIC UTILITIES 1) Recommendation to award Bid No. 05-3872 for Reinforcement of Driveways for the Residential Trash Collection & Disposal Program Page 16 October 25, 2005 Rescheduled to: November 1,2005 to NR Contractors, Inc. Estimated value of $200,000 from the Mandatory Trash Collection Funds. To reinforce and repair driveways that are used as turn-a-rounds by trash collection haulers 2) Recommendation to approve a budget amendment and to return excess grant proceeds for the Petroleum Cleanup Contract GC623 back to the State of Florida. The amount of $3,118.20 will have to be returned to the State of Florida 3) Recommendation to award Bid 05-3871, South County Inflow and Infiltration Repair Services & Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation to D. N. Higgins, Inc. for County-wide maintenance of manholes in the estimated annual amount of$808,300 from Project 725001. To minimize the infiltration and inflow of standing water into the wastewater system minimizing the impact of this extra water treatment by the reclamation facilities 4) Recommendation to approve an Amendment to Work Order JEI-FT- 05-02-A for the Construction Engineering Inspection Services to Johnson Engineering Inc., (JEI) to inspect the construction of the Water Main on US 41 in the amount of$164,758 Project 71059. To provide reliability to our potable water customers 5) Recommendation to Approve a Blanket Purchase Order with U.S. Filter for Maintenance and Repair of Odor Control Units at Both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the Amount of$145,094. Collier County Public Utilities has in place "Good Neighbor" policies that provide zero tolerance for odors in and around our wastewater treatment facilities 6) Recommendation to award Bid # 05-3882, Annual Generator Repair, Maintenance & Installation to Power Pro-Tech Services, Inc. for County-wide maintenance of equipment in the estimated annual amount of $350,000. Page 17 October 25, 2005 Rescheduled to: November 1, 2005 To provide County staff accessibility to a reliable source of various generator services ensuring a reliable source of emergency power for all County departments during unexpected power interruptions D. PUBLIC SERVICES Continued to the November 15,2005 BCC Meeting 1) Recommendation to enter into an agreement with Collier County Child Advocacy Council to provide supervised visitation services in Collier County. Services will be reimbursed through a grant awarded by the United States Department of Justice, Office on Violence Against Women in the amount of$125,000. To expand and enhance the services of the existing local visitation center to provide supervised visitation and safe exchange of children E. ADMINISTRATIVE SERVICES 1) Recommendation to approve fourteen additional classifications as FRS senior management positions, modifications and additions to the deferred compensation match, and the addition of a retiree health insurance program. ($314,911) As Detailed in the Executive Summary 2) Recommendation to authorize conveyance of an Easement to Florida Power & Light Company for the installation of electrical facilities to serve the Vanderbilt Beach Parking Garage, at a cost not to exceed $27.00, Project 90295. To supply necessary electrical service to the Vanderbilt Beach Parking Garage 3) Recommendation to waive formal approve competition and approve the use of Eaton Power Quality Corporation for services over $25,000 for the purchase of UPS back-up battery systems and the maintenance and warranty operations of the these systems. For the maintenance, operations, and repair of all County-owned buildings and assets Page 18 October 25, 2005 Rescheduled to: November 1, 2005 4) Recommendation to award Bid #05-3880 "Water Treatment Services/Chemicals for Cooling Towers" to Aquasure, Inc. for water treatment services/chemicals for cooling towers. (Average annual amount of $34,000) To ensure County properties are kept clean, safe and functional 5) Recommendation to award Bid #No. 05-3857 for the purchase and installation of floor covering to Wayne Wiles Carpets, Inc. d/b/a Wayne Wiles Floor Coverings and LP Group, Inc. d/b/a Carpet & More. (Average annual amount of $49,000) For the purchase and installation of floor covering for Collier County F. COUNTY MANAGER 1) Recommend approval of proposed Amendment to Tourist Development Tax Category A Beach and Beach Park Facilities Funding Policy. To update and simplify the Category "A" Beach and Beach Park Facilities Funding Policy 2) That the Board of County Commissioners adopt the attached resolution and the related amendments (appropriating grants, donations, contributions or insurance proceeds) which amend the Fiscal Year 2004-05 adopted budget in accordance with Section 129.06, Florida Statutes. Resolution 05-BAR-Ol 3) Recommendation to approve an Agreement between Collier County and the Florida Department of Community Affairs accepting $105,806 for Emergency Management Program Enhancement. To enhance emergency program activities within Collier County for Fiscal Year 2006 4) Recommendation to approve a budget amendment in the amount of $391,011.23 for the purchase of two ambulances and one Ford Expedition for replacements to Emergency Medical Services fleet. Page 19 October 25, 2005 Rescheduled to: November 1,2005 5) Recommend approval of Change Order # 1 to Research Services Contract #03-3538 with Evans, Klages, Inc. dated October 28, 2003 for additional funding in the of $33,000, for a total of $108,000 and approve Change Order #1 to be retro-active October 1, 2005. As Detailed in the Executive Summary 6) Recommendation to approve the purchase of GovMax software ($45,000 per annum for both the Operating and Capital modules). To provide the Budget Department the ability to integrate real time processing of budget preparation and maintenance G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Approve the Service Contract of the Bayshore Gateway Triangle Community Redevelopment Agency Executive Director, David L. Jackson. H. BOARD OF COUNTY COMMISSIONERS 1) Withdrawn 2) Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose: The Friends of the Developmentally Disabled Inaugural Fund Raiser on November 5, 2005 in the amount of $50.00 to be paid from his travel budget. Located at The Vanderbilt Country Club, Naples, Florida Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner is requesting reimbursement for attending the Bonita Springs Noon Rotary as a speaker on November 3, 2005 and is requesting reimbursement in the amount of$l4.00, to be paid from his travel budget. 3) Commissioner Coletta requests approval for reimbursement for payment to attend a function serving a valid public purpose. Commissioner paid in advance for the 2005 Southwest Florida Blue Chip Community Business Award Recognition Breakfast he intends Page 20 October 25, 2005 Rescheduled to: November 1, 2005 to attend on November 3,2005 and is requesting reimbursement in the amount of $10.00, to be paid from his travel budget. Located at Hilton Naples & Towers, Tamiami Trail N., Naples, Florida 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid purpose. Commissioner paid in advance to attend the Ave Maria University & Town Groundbreaking and Reception on November 1, 2005 and is requesting reimbursement in the amount of $20.00 to be paid from his travel budget. Located at 5100 Camp Keais Road, Ave Maria, Florida 5) Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Henning to attend The Education Foundation Breakfast featuring Representative Dudley Goodlette as speaker. The event is October 26, 2005, at the Hilton Hotel; $18.95 to be paid from Commissioner Henning's travel budget. Located at Hilton Hotel, Tamiami Trail N., Naples, Florida 6) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. commissioner to attend the Ave Maria University & Town ground breaking ceremony and reception on November 1, 2005 at 5100 Camp Keais Road; $20.00 to be paid from Commissioner Halas' travel budget. Located at 5100 Camp Keais Road, Ave Maria, Florida 7) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Rookery Bay Environmental Learning Center Cuban Caribbean Cookout on October 26,2005 at Rookery Bay; $20.00 to be paid from Commissioner Halas' travel budget. Located at 300 Tower Road, Naples, Florida 8) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Blue Chip Recognition Breakfast on November 3,2005 at the Hilton Naples & Towers' $10.00 to be paid from Commissioner Halas' travel budget. Page 21 October 25, 2005 Rescheduled to: November 1, 2005 Located at Hilton Naples & Towers, Tamiami Trail N., Naples, Florida 9) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To attend the Ground Breaking Ceremony for Ave Maria University & Town on Tuesday, November 1,2005 at the Ave Maria site, 5100 Camp Keais Road; $20.00 to be paid from Commissioner Fiala's travel budget. Located at 5100 Camp Keais Road, Ave Maria, Florida 10) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. Will attend the Cuban Caribbean Cookout and Cocktail Party at Rookery Bay Reserve on Wednesday, October 26,2005; $20.00 to be paid from Commissioner Fiala's travel budget. Located at 300 Tower Road, Naples, Florida I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to adopt the budget amendment appropriating carry forward and expenditure budgets for open purchase orders for non- project funds and for unexpected budget for project funds at the end of Fiscal Year 2005. As Detailed in the Executive Summary 2) Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 3) Recommend to waive formal competition and execute Lease for absentee ballot processing and mailing equipment for the Supervisor of Election Office. As Detailed in the Executive Summary Page 22 October 25, 2005 Rescheduled to: November 1,2005 K. COUNTY ATTORNEY 1) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$5l7,500.00 for the Acquisition of Parcels 135, 735A and 735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA (Immokalee Road Project No. 66042). (Fiscal Impact: $307,332.00) 2) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel 158 in the lawsuit styled Collier County v. Joseph Guidish, Jr., et al., Case No. 03-2549-CA (Golden Gate Parkway Project 60027).(Fiscal Impact $11,987) 3) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 160 & 960 in the lawsuit styled Collier County v. Beverly J. Gatti, et ai., Case No. 03-255l-CA (Golden Gate Parkway Project 60027).(Fiscal Impact $41,211) 4) Recommendation to authorize application for tax deeds for thirty-one (31) County-held tax certificates and to authorize a notice to proceed to the Tax Collector. As Detailed in the Executive Summary 5) Recommendation to approve the designation of one (l) additional classification as senior management service position for Florida Retirement System (FRS) eligibility purposes; to approve the addition of an annual match into the deferred compensation accounts (the County's 457 Defined Contribution Plan) of employees who receive a lump sum merit increase, of Assistant County Attorneys (equivalent to County Manager Department Director positions), and of the Chief Assistant County Attorney (equivalent to the Deputy County Manager). As Detailed in the Executive Summary 6) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to execute, an Amendment to Settlement Page 23 October 25, 2005 Rescheduled to: November 1, 2005 and Zoning Agreement for the property contained within the Orange Blossom Ranch PUD. As Detailed in the Executive Summary 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE,COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Continued to November 15,2005 BCC Meeting A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: A Resolution amending Resolution Number 05-261 that granted Conditional Use approval for the Florida Home Model Center Extension to correct a scriveners error resulting from an incorrect legal description included in the adopted Resolution for property located in Section 15, Township 49 S, Range 26 E, Collier County, Florida. Continued to November 15,2005 BCC Meeting B. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT2005-AR815l to disclaim, renounce and vacate the Countys and the Publics interest in a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of Flamingo Estates as recorded in Plat Book 10, Pages 34 through 35, Public Records of Collier County, Florida, located in Section 1, Township 50 South, Range 25 East. C. SE-05-AR-8029, a Resolution amending Resolution Number 05-235, the Town of Ave Maria DR! to correct a scriveners error in Exhibit A Legal Description of the Resolution to the Town of Ave Maria Development Order Page 24 October 25, 2005 Rescheduled to: November 1,2005 _...._._.__....,.,-..__.._._-~....".,'--,. Number 05-01 for property that is located on the north side of Oil Well Road (CR-858), the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47 South, Range 29 East. Resolution 2005-377 D. SE-05-AR-8030, a Resolution amending Resolution Number 05-234A, the Town of Ave Maria Stewardship Receiving Area (SRA) to correct a scriveners error in Exhibit A Legal Description of the Resolution to the Town of Ave Maria SRA for property that is located on the north side of Oil Well Road (CR-858), the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31- 33 Township 47 South, Range 29 East. Resolution 2005-378 Continued to November 15, 2005 BCC Meeting E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-04-AR-6422, D. Wayne Arnold ofQ. Grady Minor & Associates, P. A., and George Varnadoe ofCheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, requesting to rezone 53 acre site from Rural Agriculture (A) Zoning District to a Mixed-Use Planned Unit Development (MPUD) to be known as the Mercato MPUD permitting a maximum of395,000 square feet of retail floor space, 100,000 square feet of office space, and a maximum of 80 hotel units is permitted within the 27.7-acre Mixed Use tract and 175 residential dwelling units in a mixed-use area and on a 10.67 acre Residential Tract resulting in a density of 3.3 units per acre. The property is located on the northeast quadrant of Vanderbilt Beach Road (CR-862) and Tamiami Trail North (US-41) in Section 34, Township 48 South, Range 25 East. F. Recommendation that the Board of County Commissioners of Collier County, Florida, adopt an Ordinance amending Ordinance No. 2003-59, which is Article V of Chapter 49 of the Collier County Code of Laws and Ordinances, incorporating changes to the Advanced Broadband Infrastructure Investment Program, and establish a maximum annual budget of $300,000 to fund the Program. Ordinance 2005-56 Page 25 October 25, 2005 Rescheduled to: November 1, 2005 Continued to November 15, 2005 BCC Meeting G. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-6l26 WCI Communities, Inc., and CDC Land Investments, Inc., represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A. and Robert J. Mulhere, AICP, ofRW A, Inc., requesting a rezone from the Planned Unit Development (PUD), Agricultural-Special Treatment area (A-ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit Development (MPUD) zoning district, for a project to be known as the Sabal Bay PUD. A portion of the site is currently known as the CDC PUD or Collier DR!. The proposed project will include a residential component consisting of a maximum of 1,999 varied housing type units and golf course, commercial uses, recreation/village center uses, and public facility uses, preserve areas and rights-of-way. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 acres. (Companion Item to Agenda Item #17H - DRIABN-2004-AR-6251) Continued to November 15, 2005 BCC Meeting H. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRIABN-2004-AR-6251 Collier Development Corporation (CDC) represented by George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting abandonment of a Development of Regional Impact (DR!) for the CDC DR! approved in DR! Development Order 86-2, approved on November 10, 1986 because the proposed changes to the PUD will reduce the project below the applicable criteria for a DR!. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 acres. Companion to PUDZ-A-2004-AR-6126 - Sabal Bay PUD (Companion Item to Agenda Item #17G - PUDZ-A-2004-AR-6126) Page 26 October 25, 2005 Rescheduled to: November 1, 2005 >..-._,---"._~....~ I. That the Board of County Commissioners adopts the attached resolution and the related amendments (appropriating carry forward, transfers and supplemental revenue) that amend the Fiscal Year 2004-05 adopted budget in accordance with Section 129.06, Florida Statutes. Resolution 05-BAR-02 J. Recommendation to Adopt an Ordinance Amending the Code of Laws and Ordinances of Collier County, Florida, Amending Chapter 14, Article II, Which Regulates and Controls Animals within the Area of Collier County, as Promulgated by Ordinance 93-56, as Amended; Amending Section 14-26, Pertaining to Definitions; Amending Section 14-27, Pertaining to Penalties; Amending Section 14-31, Pertaining to Enforcement; Providing for Conflict and Severability, Inclusion in the Code of Laws and Ordinances and an Effective Date. Ordinance 2005-57 Continued to November 15, 2005 BCC Meeting K. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7909 Lodge Abbott and Associates, LLC, represented by Richard D. Yovanovich, ofGoodlette, Coleman and Johnson, PA, is requesting a 2-year extension of the Cocohatchee Bay PUD. The subject property, consisting of 532 acres, is located on the northwest comer of Wiggins Pass Road and Vanderbilt Drive, in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 27 October 25, 2005 Rescheduled to: November 1,2005 _.-"'--